#### D. J. THIES v. S. B. TANNER, Jr., and J. S. DURHAM.

(Filed 12 May, 1920.)

(For digest, see Wittson v. Dowling, ante, 542.)

CONTROVERSY without action, heard before Lane, J., at March Term, 1920, of MecKLEnburo.

Tillett & Guthrie and C. H. Gover for plaintiff.

Cansler & Cansler for defendant.

Per Curiam.

The pertinent and controlling facts in this case are substantially the same as those of Wittson v. Dowling, ante, 542, and for the reasons stated in that opinion, the judgment for plaintiff enforcing the contract of purchase is

Affirmed.